An Advocate’s Policy Guide for Promoting System Change and Better Outcomes for LGBTQ Youth of Color in Child Welfare Alexandra Citrin and Rosalynd Erney

Desired results Gain understanding of current state regulations Increase understanding of effective policies for promoting better outcomes for LGBTQ and gender nonconforming youth of color Engage with others in identifying strategies to better support advocacy efforts for policy change, system reform and client representation Who’s in the room?

presentation overview Setting the context Current policy landscape Opportunities to improve outcomes: Policy System reform Practice Q&A Resources

What is SOGIE? LGBTQ+ and GNC Gender Expression Gender Identity Sexual Orientation 22.8 percent of young people in out-of-home care identify as LGBQ; 57 percent of these young people are young people of color 19 percent of young people in LA County’s child welfare system identify as LGBTQ+ -also mention different than sexual attraction

What is Intersectionality? Intersectionality: intersection of multiple forms of oppression Race, gender, sexual orientation, immigration status, etc. Limited policies, program and practices that are intersectional Systems are capturing data on gender and race at best, lack nuanced data Just scratching the surface with race, but we have so much further to go We’ve spoken about what we know, but what we know gets more limited with it comes to youth’s complex identities

Child welfare does not operate in isolation Public System Involvement: Juvenile Justice, TANF, Mental Health Homelessness Families and youth face overlapping systemic barriers (concentrated poverty, access to safe housing, employment) Intersecting factors have a strong impact on children and youth of color (race, ethnicity, gender identity, immigration status) Exposure to stress and racial discrimination have lasting negative effects on child and family well- being Youth are being tracked into other systems based on their SOGIE

HERE’S WHAT WE KNOW… Youth of Color LGBTQ+ Child Welfare 57 percent of youth in foster care are youth of color 22.8 percent of children in out-of-home care identify as LGBTQ 57 percent of LGBTQ youth were youth of color Children and youth of color and those who identify as LGBTQ+ experience poorer outcomes compared to their peers

Table Talk: Guiding Questions How do your clients’ identities impact how they experience placement, school, “normalcy”, etc.? What do your clients need to thrive? What barriers exist for your clients? (legal, practice, systemic)

WHAT WE KNOW… Connections to Family and Supportive Social Networks To thrive, all young people need: Connections to Family and Supportive Social Networks Support Transition from Care/Aftercare Services Affirming Placements Medical and Behavioral Health Care External Connections Safe Schools -These must drive policy and practice

Placement regulations HOW DO WE GET THERE… Federal policy State and local policy Placement regulations System Reform Practice Change

Federal Policy Landscape Department of Health and Human Services non- discrimination in federally-funded agencies: “It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation.” Title IX non-discrimination in education programs or activities Adoption and Foster Care Analysis and Reporting System (AFCARS) data collection

State Policy Landscape Statute or Regulation Ten states and the District of Columbia explicitly include sexual orientation and gender identity in statutes or regulations specific to their child welfare systems: California, Florida, Mississippi, Nevada, New Mexico, New Jersey, New York, Ohio (uses sexual identity versus gender identity), Rhode Island, and Washington. Florida’s protections cover youth placed in congregate care facilities and are not system-wide. Agency Policy Additionally, seventeen states contain explicit sexual orientation and gender identity protections in agency policy (either Department of Health/Human or Social Services or the child welfare agency itself): Connecticut (child welfare), Hawaii (DHS), Idaho (child welfare), Illinois (child welfare), Indiana (child welfare), Iowa (DHS), Maine (child welfare); Maryland (child welfare), Massachusetts (child welfare), Michigan, Minnesota (child welfare), Oregon (DHS), South Dakota (DSS), Tennessee (child welfare),Texas (child welfare), Utah (child welfare), and Vermont. LGBTQ+ Specific State-Wide Policy Nine states not only include sexual orientation, gender identity, and gender expression in their non-discrimination protections, but have an LGBTQ+-specific detailed policy: Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Tennessee, and Utah. California has issued a statewide transmittal that summarizes the obligations of county systems under state nondiscrimination law, but does not go into further detail. Nine states have no protection against discrimination on account of sexual orientation, gender identity, or sex or gender in child welfare-specific statute, regulation or policy: Alabama, Alaska, Arizona, Georgia, Kansas, Kentucky, Nebraska, North Carolina, and Virginia. Virginia has a so-called conscience clause law, which allows providers receiving government funds to refuse to serve persons if doing so conflicts with their sincerely held religious beliefs.

Placement: State licensing regulations Definitions of sex and gender Admission procedures and facility licensing Bedrooms Clothing Body searches Training requirements

Table Talk: Guiding Questions What barriers exist for your clients? (legal, practice, systemic) Are there ways your clients’ identities are affirmed in practice?

Guidance from youth across the country 50+ LGBTQ youth of color involved with child welfare systems 20 jurisdictions, within 16 states Urban, rural, suburban

Child Welfare System Reform Written communications Diversity trainings Employment guidelines Housing by gender identity Anti-discrimination policies Practice framework Competency training and coaching SOGIE development Youth-defined supports Remove barriers to kinship placement Family Engagement Aftercare service contracts Connecting to LGBTQ-friendly employers Access to legal resources to change legal identifying documents Older Youth Put state examples in the notes

Practice Change: Role of Attorneys Ensure your clients SOGIE is affirmed Use of personal pronouns Placement Signal that you’re committed to holding the system and others accountable Placement procedures and regulations Ensure implementation of reasonable and prudent parenting standards Ensure young people are connected to external supports and services Connect young people to LGBTQ-friendly employers Ensure access to legal resources to change legal identifying documents

Table Talk: Guiding Questions What opportunities exist in your practice? How can you use this information? What action steps can you take when you get back next week? In the next month?

Questions??

Additional Resources Out of the Shadows: Supporting LGBTQ Youth in Child Welfare through Cross-System Collaboration A Blueprint for Progress: A Policy Guide for Advocates Supporting LGBTQ Youth of Color in Child Welfare Systems Guidelines for Managing Information Related to the Sexual Orientation and Gender Identity and Expression of Children in Child Welfare Systems

Contact Us Alexandra Citrin, Senior Policy Analyst Alexandra.Citrin@cssp.org (202) 371-1565 Rosalynd Erney, Policy Analyst Rosalynd.Erney@cssp.org www.cssp.org https://twitter.com/CtrSocialPolicy https://www.facebook.com/pages/Center-for-the-Study-of-Social-Policy